The U.S. Government has issued “small parts” requirements for toys and products intended for use by children under three years of age. These requirements are published in the Code of Federal Regulations in Title 16, Parts 1501 and 1500.50, 51, 52 and 16 C.F.R. 1500.18(a)(9). This regulation is intended to prevent deaths and injuries to children under three from choking on, inhaling, or swallowing small objects they may “mouth”. It bans toys and other articles that are intended for use by children under three and that are or have small parts, or that produce small parts when broken.
A “small part” is any object that fits completely into a specially designed test cylinder (2.25 inches long by 1.25 inches wide) that approximates the size of the fully expanded throat of a child under three years old. This specialized definition applies to (1) a whole toy or article; (2) a separate part of a toy, game, or other article; and (3) a piece of a toy or article that breaks off during testing that simulates use or abuse by children. If a “small part” fits completely into the specially designed test cylinder, and the toy or product from which it came is intended for use by children under three years of age, the toy or product is banned because the small part presents a choking hazard.
Thus, toys and products intended for use by children under three years of age must not release pieces that fit completely into the small parts cylinder after impact, flexure, torque, tension, and compression testing. These tests simulate the forces that toys and products can/may experience during normal use and abuse by children under three years of age. If these forces cause parts to break off that fit in the small parts cylinder, those parts are deemed to present a risk of choking, aspiration, or ingestion to children under three years of age.
There are a number of commercially available toys having posable/repositionable portions. Generally, these toys are stylized as character figures designed for use by preschool children. One drawback to some of these pre-existing toy figures is that the various posable/repositionable portions (e.g., the legs, the arms, the head, the torso, etc.) are made of small parts that are connected in such manner that they are capable of being too easily separated. Due to safety concerns, there has been increased awareness regarding the safety of such toy figures (due to the fact that preschool children may be able separate the portions of the figure, which may result in injury to the child should one of the portions be swallowed). Thus, it is desirable to provide a toy, having posable/repositionable portions, with a generally integral structure that prevents the posable/repositionable portions from being too easily separated.